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Abuse means the willful infliction by a caregiver, of physical pain or injury or the willful deprivation of services necessary to the physical and mental health and safety of an individual.  The term also includes the use of offensive language or acts, to provoke or upset an individual or subject him or her to humiliation or ridicule. Willful means the intentional acts or omissions or the reckless disregard for the safety and consequences of one’s acts or omissions.  If you are unsure if something is abuse, report it and let an investigator decide if it is.  If someone is hurting you or making you afraid in any way, you should report it.

Neglect means the failure by a caregiver through action or inaction to provide an individual with the services necessary to maintain his or her physical and mental health and safety or a situation in which a person with intellectual disability is living alone and unable to provide for him or herself such services.  If you are unsure if something is neglect, report it and let an investigator decide if it is.  If you think you are not getting the supports or supervision you need to live safely, you should report it.

Yes, you also need to report suspected abuse or neglect to your case manager or broker who will help you report it to the appropriate people in the region.

If the suspected abuse involves physical or sexual assault or any other criminal act, the police will be notified by the agency you report it to.  If you want to be sure that a report was made to the local police, call them directly.  You have the right to press charges against the suspected person (also known as the alleged perpetrator) in criminal cases.

When an allegation of abuse is made against a staff person, the employee is placed off duty by the employer and an investigation begins. This means the staff suspected of abuse or neglect cannot work with you until the investigation is completed. As an employer, you must follow the laws that protect the worker. At the same time, you need to be safe and get the supports you need. DDS staff will help you if you are ever faced with this situation. If the person suspected of abuse or neglect is not a staff person, your case manager or broker will help you plan how to keep safe until the investigation is completed.

If you want to see a doctor for treatment and follow-up care, do not hesitate to do so. It can be helpful to have someone take photos of any bruises, cuts, or other injuries as evidence that could help with the investigation.

Investigations are done by one of the protective service agencies (DCF, DSS), DDS or your private provider agency, depending on your age and where you live or receive services. If you have information or evidence that would help in the investigation, it is important for you to share it with the investigator as soon as possible.

When an investigator is assigned, he or she will conduct a thorough investigation to determine the facts and circumstances surrounding the incident. Investigators will also interview and take written statements from you, any potential witnesses and the alleged perpetrator (the person suspected of committing the abuse or neglect). The investigator reviews the evidence gathered, determines whether or not the abuse or neglect happened (also referred to as substantiation of abuse or neglect), and prepares a report of findings.

You should receive information about the findings of the investigation when it is completed, and whether or not abuse or neglect was substantiated.

If the investigation finds there was no abuse or neglect (that is, allegation is not substantiated), then the employee can return to work. If there was abuse or neglect (the allegation is substantiated), the employee will face disciplinary action. In some cases involving criminal acts, the investigation report may be referred to the police for further investigation, which may result in criminal charges.